In an application dated 21 August 2023 filed under a certificate of urgency of even date, the applicant has sought for the following orders:
"1. That this application be certified as urgent and heard ex parte in the first instance with the service thereof be dispensed with in the 1st instance.
2. That the ex parte applicant be granted leave to apply for an order of certiorari to remove into the High Court for the purposes of it being quashed, the Kenya Gazette Notice No. 6767 dated 22nd May 2013 and published on 23rd May 2023 appointing the chairperson and members of the council of the interested party.
3. That the ex parte applicant be granted leave to apply for an order of prohibition prohibiting the implementation of the Kenya Gazette Notice No. 6767 dated 22nd May 2013 and published on 23rd May 2023 appointing the chairperson and members of the Council of the University.
4. That the leave so granted do operate as stay of implementation of any further decision or actions pursuant to Kenya Gazette Notice No. 6767 dated 22nd May 2013 and published on 23rd May 2023.
5. That costs of the application to be provided for."
I am hesitant to certify the application as urgent considering that the impugned Gazette notice was published way back in May 2023. One of the considerations the court takes into account in exercising its discretion whether or not to grant leave to file an application for judicial review is the speed at which the applicant makes the application for leave upon the occurrence of the alleged grievances. I am unable to find any satisfactory reason why the applicant had to wait till now, when the Honourable Court is on recess, to file the present application.
Nonetheless, I will allow the application to the extent that leave is granted in terms of prayers 2 and 3 of the summons. For reasons I have given, and considering that a lot may have happened in the intervening period between May and the time this application was filed; and in order to forestall any disruptions that may ensue in the administration of the University of Nairobi as a result of an order of stay, I decline to grant the order for leave to operate as stay.
I direct that the main motion be filed and served within 7 days of the date of this ruling. The respondents and interested party will file and serve their response within 7 days of the date of service of the applicant's motion. For purposes of taking directions on the manner of disposal of the motion, the motion shall be mentioned soon after this Honourable Court's recess, more particularly on 25 September 2023. It is so ordered.
"1. That this application be certified as urgent and heard ex parte in the first instance with the service thereof be dispensed with in the 1st instance.
2. That the ex parte applicant be granted leave to apply for an order of certiorari to remove into the High Court for the purposes of it being quashed, the Kenya Gazette Notice No. 6767 dated 22nd May 2013 and published on 23rd May 2023 appointing the chairperson and members of the council of the interested party.
3. That the ex parte applicant be granted leave to apply for an order of prohibition prohibiting the implementation of the Kenya Gazette Notice No. 6767 dated 22nd May 2013 and published on 23rd May 2023 appointing the chairperson and members of the Council of the University.
4. That the leave so granted do operate as stay of implementation of any further decision or actions pursuant to Kenya Gazette Notice No. 6767 dated 22nd May 2013 and published on 23rd May 2023.
5. That costs of the application to be provided for."
I am hesitant to certify the application as urgent considering that the impugned Gazette notice was published way back in May 2023. One of the considerations the court takes into account in exercising its discretion whether or not to grant leave to file an application for judicial review is the speed at which the applicant makes the application for leave upon the occurrence of the alleged grievances. I am unable to find any satisfactory reason why the applicant had to wait till now, when the Honourable Court is on recess, to file the present application.
Nonetheless, I will allow the application to the extent that leave is granted in terms of prayers 2 and 3 of the summons. For reasons I have given, and considering that a lot may have happened in the intervening period between May and the time this application was filed; and in order to forestall any disruptions that may ensue in the administration of the University of Nairobi as a result of an order of stay, I decline to grant the order for leave to operate as stay.
I direct that the main motion be filed and served within 7 days of the date of this ruling. The respondents and interested party will file and serve their response within 7 days of the date of service of the applicant's motion. For purposes of taking directions on the manner of disposal of the motion, the motion shall be mentioned soon after this Honourable Court's recess, more particularly on 25 September 2023. It is so ordered.